AuthorTitleCitationSummaryYear
Robert Katz COMBATING ANTI-JEWISH BIAS THROUGH LAW 66-AUG Res Gestae 30 (July/August, 2022) As president of the IUPUI Jewish Faculty and Staff Council, I work to raise awareness about Jewish concerns on campus, including antisemitism. As an educator, I've carried this work into my classroom by discussing the legal dimensions of antisemitism alongside regular discussions of racism, sexism, and homophobia. This comes as a surprise to most... 2022
Tim O'Brien COMPOUNDING INJUSTICE: THE CASCADING EFFECT OF ALGORITHMIC BIAS IN RISK ASSESSMENTS 13 Georgetown Journal of Law & Modern Critical Race Perspectives 39 (Winter, 2021) The increasing pervasiveness of algorithmic tools in criminal justice has led to an increase in research, legal scholarship, and escalating scrutiny of automated approaches to consequential decisionmaking. A key element of examination in literature focuses on racial bias in algorithmic risk assessment tools and the correlation to higher likelihoods... 2022
Patrick Barry CONFIRMATION BIAS 106 Georgetown Law Journal Online 25 (2017) Supreme Court confirmation hearings are vapid. Supreme Court confirmation hearings are pointless. Supreme Court confirmation hearings are harmful to a citizenry already cynical about government. Sentiments like these have been around for decades and are bound to resurface each time a new nomination is made. This essay, however, takes a different... 2022
Josh Gupta-Kagan CONFRONTING INDETERMINACY AND BIAS IN CHILD PROTECTION LAW 33 Stanfor Law and Policy Review 217 (September, 2022) The child protection legal system faces strong and growing demands for change following at least two critiques. First, child protection law is substantively indeterminate; it does not precisely prescribe when state agencies can intervene in family life and what that intervention should entail, thus granting wide discretion to child protection... 2022
Shannah Colbert CONSTITUTIONAL LAW--DEVICE SEARCHES ABSENT REASONABLE SUSPICION ALLOW SECURITY INTERESTS TO OUTWEIGH PRIVACY CONCERNS AND AMPLIFY BIAS AT THE U.S. BORDER--ALASAAD v. MAYORKAS, 988 F.3D 8 (1ST CIR. 2021) 27 Suffolk Journal of Trial and Appellate Advocacy 295 (2021-2022) The Constitution of the United States sets forth fundamental principles that create a national government, divide its power, and protect individual liberties. Although the Fourth Amendment forbids unreasonable searches and seizures, some searches, such as those conducted at the United States border, are subject to exceptions. In Alasaad v.... 2022
Dr. Robin Broad , Professor, American University CORPORATE BIAS IN THE WORLD BANK GROUP'S INTERNATIONAL CENTRE FOR SETTLEMENT OF INVESTMENT DISPUTES: A CASE STUDY OF A GLOBAL MINING CORPORATION SUING EL SALVADOR 36 University of Pennsylvania Journal of International Law 851 (Summer, 2015) 1. Introduction and Overview. 853 2. A Brief History of ICSID. 854 3. El Salvador & Gold Mining: From Local, to National, to Global. 857 3.1. At the local level. 858 3.2. At a national level. 860 3.3. At the global level and ICSID. 862 4. From Case Study to ICSID. 868 5. The Urgency for Change. 871 If you wanted to convince the public that... 2022
Tim Hirschel-Burns COUNTERING COMPLEXITY'S CORPORATE BIAS: TAX SIMPLIFICATION AS A STRATEGY TO REDUCE PROFIT SHIFTING IN THE AFRICAN EXTRACTIVE SECTOR 47 Yale Journal of International Law 165 (Winter, 2022) Introduction. 165 I. Profit Shifting. 168 A. Forms of Profit Shifting. 168 i. Debt Shifting. 169 ii. Transfer Pricing. 170 iii. Intangible Assets. 171 B. Focus on Profit Shifting, not Distinguishing Evasion and Avoidance. 172 C. The OECD's Base Erosion and Profit Shifting Project. 173 II. Extractives and Revenue Collection in Africa. 176 A. The... 2022
Matthew A. Gasperetti CRIME AND PUNISHMENT: AN EMPIRICAL STUDY OF THE EFFECTS OF RACIAL BIAS ON CAPITAL SENTENCING DECISIONS 76 University of Miami Law Review 525 (Winter, 2022) Racism has left an indelible stain on American history and remains a powerful social force that continues to shape crime and punishment in the contemporary United States. In this article, I discuss the socio-legal construction of race, explore how racism infected American culture, and trace the racist history of capital punishment from the Colonial... 2022
Joe Hillman DEPROGRAMMING BIAS: EXPANDING THE EXCLUSIONARY RULE TO PRETEXTUAL TRAFFIC STOP USING DATA FROM AUTONOMOUS VEHICLE AND DRIVE-ASSISTANCE TECHNOLOGY 55 University of Michigan Journal of Law Reform 959 (Summer, 2022) As autonomous vehicles become more commonplace and roads become safer, this new technology provides an opportunity for courts to reconsider the constitutional rationale of modern search and seizure law. The Supreme Court should allow drivers to use evidence of police officer conduct relative to their vehicle's technological capabilities to argue... 2022
L. Leona Frank DISCRIMINATION 2.0: BIAS AGAINST ASIAN AMERICANS INCREASING 66-AUG Res Gestae 18 (July/August, 2022) Asian-Americans are a marginalized population that are experiencing racism and xenophobia at increasingly alarming rates. Asian Americans are predominantly an immigrant group, with 59 percent being foreign-born, according to Pew Research Center. That rises to 73 percent when looking at adults. The racial breakdown of the United States in 2020 was... 2022
Elizabeth Bodamer DO I BELONG HERE? EXAMINING PERCEIVED EXPERIENCES OF BIAS, STEREOTYPE CONCERNS, AND SENSE OF BELONGING IN U.S. LAW SCHOOLS 69 Journal of Legal Education 455 (Winter, 2020) Before I completed my dissertation, I was a full-time law school student affairs professional. A part of my job was to counsel students, which meant that I had students coming to my office to talk about anything and everything related to or affecting their educational experiences. One day, a student--a woman of color--came in sobbing. She sat in my... 2022
Gregory Burrell , Chapter 13 Trustee, Minneapolis ELIMINATING IMPLICIT BIAS IN THE BANKRUPTCY PROCESS 41-NOV American Bankruptcy Institute Journal 28 (November, 2022) Over the years, there has been research conducted and countless articles written on how to eliminate implicit bias. Businesses recognize the value in pursuing efforts to create a more inclusive working environment through the elimination of implicit biases. The world is becoming more diverse every day, but the thinking that welcomes all individuals... 2022
Timothy A. Berger ENVIRONMENTAL LAW--BALANCING ENVIRONMENTAL AND ECONOMIC CONCERNS AND THE SUPREME COURT'S BIAS TOWARDS THE ECONOMY--ROBERTSON v. SEATTLE AUDUBON SOCIETY, 112 S.Ct. 1407 (1992). 12 Temple Environmental Law and Technology Journal 121 (Spring, 1993) The field of environmental law often incorporates a tension between environmental concerns and economic pressures. Legislatures usually respond to this tension by weighing the interests in preserving the environment against economic and developmental demands. This balancing may also involve the conflicting demands of various constituencies. For... 2022
Scott Devito, Kelsey Hample, Erin Lain EXAMINING THE BAR EXAM: AN EMPIRICAL ANALYSIS OF RACIAL BIAS IN THE UNIFORM BAR EXAMINATION 55 University of Michigan Journal of Law Reform 597 (Spring, 2022) The legal profession is among the least diverse in the United States. Given continuing issues of systemic racism, the central position that the justice system occupies in society, and the vital role that lawyers play in that system, it is incumbent upon legal professionals to identify and remedy the causes of this lack of diversity. This Article... 2022
  EXECUTIVE SUMMARY OF THE PRELIMINARY REPORT OF THE NINTH CIRCUIT TASK FORCE ON GENDER BIAS 45 Stanford Law Review 2153 (July, 1993) In August 1990, the Ninth Circuit Judicial Conference overwhelmingly endorsed a resolution calling for a study on gender bias in the federal courts of the Ninth Circuit. The Circuit called for a special study committee to conduct a comprehensive review of gender bias issues, including, but not limited to, courtroom interaction, judicial branch... 2022
Doron Teichman, Eyal Zamir EXPONENTIAL GROWTH BIAS AND THE LAW: WHY DO WE SAVE TOO LITTLE, BORROW TOO MUCH, AND FAIL TO REACT ON TIME TO DEADLY PANDEMICS AND CLIMATE CHANGE? 75 Vanderbilt Law Review 1345 (October, 2022) Many human decisions, ranging from the taking of loans with compound interest to fighting deadly pandemics, involve phenomena that entail exponential growth. Yet a wide and robust body of empirical studies demonstrates that people systematically underestimate exponential growth. This phenomenon, dubbed the exponential growth bias (EGB), has been... 2022
Omer Kimhi FALLING SHORT: ON IMPLICIT BIASES AND THE DISCRIMINATION OF SHORT INDIVIDUALS 52 Connecticut Law Review 719 (July, 2020) Socio-psychological research solidly shows that people hold implicit biases against short individuals. We associate a host of positive qualities to those with above average height, and we belittle those born a few inches short. These implicit biases, in turn, lead to outright discrimination. Experiments prove that employers prefer not to hire or... 2022
Kenneth D. Chestek FEAR AND LOATHING IN PERSUASIVE WRITING 14 Legal Communication & Rhetoric: JALWD 1 (Fall, 2017) People naturally prefer positive people to negative ones. They naturally respond better to those who are kind than those who are not. Logically, then, the ideal strategy for a candidate would be to make his or her campaign as positive and as cordial as possible. One might wish that the sentiment expressed above by a hopeful graduate student were... 2022
  FED STUDY OF FHA DEFAULT RATES FINDS NO MORTGAGE BIAS 14 Banking Policy Report 36 (February 6-20, 1995) A new Federal Reserve staff study challenges the view that lenders discriminate against black mortgage applicants by requiring them to meet higher loan standards than others. The Fed staff study, dated last November, but not released until late January, claims that if banks actually subjected blacks to more stringent loan standards, there would be... 2022
  Fed.R.Evid. 606(b): Actual Bias or Extraneous Information as Affecting Validity of Jury Verdict; Debunking "Presumption of Prejudice" 48 Criminal Law Bulletin 7 (2022) Professor of Law, University of Miami. 2022
Breean Walas, Shenoa Payne FIGHT BACK AGAINST BIAS AND FEAR 58-SEP Trial 34 (September, 2022) State lawmakers have made LGBTQ youth the latest target of discriminatory legislation, which puts vulnerable adolescents at more risk. Living as an LGBTQ person in America is not easy. It never has been. And the fight for equal treatment is not over. Despite progress in recent years through landmark U.S. Supreme Court rulings recognizing the rights... 2022
Raymond J. McKoski Giving up Appearances: Judicial Disqualification and the Apprehension of Bias 4 British Journal of American Legal Studies 35 (Spring, 2015) Judicial disqualification rules define the point at which a judge cannot be trusted to decide a case fairly. Because the disqualification of judges corrodes the presumption of impartiality and undercuts the sanctity of the judicial oath, recusals should be based on facts, not appearances. But both the British Commonwealth and the United States... 2022
Chief Justice Paula M. Carey (Ret.) GOING BEYOND EQUALITY AND STRIVING TOWARD EQUITY: ADDRESSING SYSTEMATIC RACISM AND BIAS IN THE COURTS 66 Boston Bar Journal 26 (2022) State court systems must provide services and deliver justice in a manner that inspires public trust and confidence. All individuals must be treated fairly and impartially in every interaction with the court system. To achieve public trust and confidence, the existence of systemic racism in the courts must be acknowledged. Specifically, courts must... 2022
Cass R. Sunstein GOVERNING BY ALGORITHM? NO NOISE AND (POTENTIALLY) LESS BIAS 71 Duke Law Journal 1175 (March, 2022) As intuitive statisticians, human beings suffer from identifiable biases-- cognitive and otherwise. Human beings can also be noisy in the sense that their judgments show unwanted variability. As a result, public institutions, including those that consist of administrative prosecutors and adjudicators, can be biased, noisy, or both. Both bias and... 2022
Max Londberg HIRING CRITERIA AND TITLE VII: HOW ONE MANIFESTATION OF EMPLOYER BIAS EVADES JUDICIAL SCRUTINY 91 University of Cincinnati Law Review 516 (2022) Writing in 1988, feminist and critical race scholar Kimberlé Williams Crenshaw described the Civil Rights Act of 1964 (commonly known as Title VII) as contributing to the removal of most formal barriers and symbolic manifestations of subordination. But the Act and other reforms ultimately fell short, for a challenge to the legitimacy of... 2022
Itiel E. Dror HOW CAN FRANCIS BACON HELP FORENSIC SCIENCE? THE FOUR IDOLS OF HUMAN BIASES 50 Jurimetrics Journal 93 (Fall, 2009) ABSTRACT: In this paper, I try to find ways to improve forensic science by identifying potential vulnerabilities. To this end, I use Francis Bacon's doctrine of idols, which distinguishes between different types of human biases that may prevent scientific and objective inquiry. Bacon's doctrine contains four sources for such biases: idola tribus... 2022
Haley Loquercio HOW FREE IS FREE SPEECH: MEDIA BIAS, PRETRIAL PUBLICITY, AND DEFENDANTS' NEED FOR A UNIVERSAL APPELLATE RULE TO COMBAT PREJUDICED JURIES 126 Penn State Law Review 875 (Spring, 2022) The media is a prevalent, persuasive force in American society. Americans, on average, spend over twelve hours per day consuming both traditional and digital media. While most Americans recognize that the media they consume is biased, the media maintains its grip on the American psyche. The media's effects have also seeped into courtrooms. When a... 2022
Norman L. Greene HOW GREAT IS AMERICA'S TOLERANCE FOR JUDICIAL BIAS? AN INQUIRY INTO THE SUPREME COURT'S DECISIONS IN CAPERTON AND CITIZENS UNITED, THEIR IMPLICATIONS FOR JUDICIAL ELECTIONS, AND THEIR EFFECT ON THE RULE OF LAW IN THE UNITED STATES 112 West Virginia Law Review 873 (Spring, 2010) L1-2Introduction L3875 A. The Fundamental Questions. 875 B. Suppose Justice Is Not Impartial. 876 C. The U.S. Supreme Court and Impartiality. 877 D. Some Observations on the International Promotion of the Rule of Law. 879 E. Judicial Impartiality as a Fundamental Part of the Rule of Law. 883 I. Judicial Impartiality, Judicial Elections, and... 2022
Michael Conklin I KNEW IT ALL ALONG: THE PROMISING EFFECTIVENESS OF A PRE-JURY INSTRUCTION AT MITIGATING HINDSIGHT BIAS 74 Baylor Law Review 307 (Spring, 2022) Of all the forms of wisdom, hindsight is by general consent the least merciful, the most unforgiving. -John Fletcher Jurors are often given the difficult task of determining the likelihood of injury given the defendant's behavior. This is particularly challenging because it requires jurors to disregard the fact that, in hindsight, an injury did... 2022
Ted A. Donner ILLINOIS COURTS STRUGGLE WITH IMPLICIT BIAS AND JUSTICE STEVENS'S LEGACY: WHY ILLINOIS SHOULD REVISIT HIS DISSENTING OPINION IN PURKETT v. ELEM 53 Loyola University Chicago Law Journal 717 (Summer, 2022) Contemporary racial justice movements and increased interest in implicit bias are shining a spotlight on the role of peremptory challenges in jury selection and how best to combat prejudice in this essential step of the criminal justice system. States such as Arizona and Washington have undertaken reforms designed to shift a dynamic that, under... 2022
The Hon. George Phelan, Annelise Araujo, Donald G. Tye IMMIGRATION BIAS IN FAMILY LAW PRACTICE 44-WTR Family Advocate 29 (Winter, 2022) Lawyers and judges who identify as white, cisgender, heterosexual men have long been overrepresented in the family law bar. Meanwhile, immigrants, first-generation Americans, and LGBTQ+ people are appearing before the court more often. As these demographic shifts continue, family law practitioners are more likely than ever to encounter parties... 2022
Glen M. Vogel , Robert Costello IMPLICIT BIAS IS NOT A FAIRYTALE: FROM THE CLASSROOM TO THE COURTROOM: THE CONNECTION BETWEEN RACIAL BIAS IN EARLY EDUCATION AND ITS IMPACT ON STEREOTYPES AND INTERACTIONS WITH THE CRIMINAL JUSTICE SYSTEM 20 Seattle Journal for Social Justice 695 (Spring, 2022) Even though great strides have been achieved in the area of racial equality over the last half century, the reality is that people of color, particularly Black Americans, continue to face discrimination across all facets of life and, in particular, face adverse treatment and outcomes in education and in the criminal justice system. A person of... 2022
Moira Gray , Fall 2021 Intern, NDAA IMPLICIT BIAS TRAININGS: THE FUTURE OR A FAILURE? (INTERN EDITION) 56-JAN Prosecutor 30 (January, 2022) Following the racial tension and protests of 2020, many municipalities are seeking ways to display their commitment towards racial equality and equity. Law enforcement agencies must prove to their constituents that they are fighting against racism, both structurally and with accountability for individuals. The conversation on improving our criminal... 2022
Leonard E. Birdsong IN QUEST OF GENDER-BIAS IN DEATH PENALTY CASES: ANALYZING THE ENGLISH SPEAKING CARIBBEAN EXPERIENCE 10 Indiana International & Comparative Law Review 317 (2000) I. L2-3,T3Introduction 317 II. L2-3,T3A Perspective on the Death Penalty in the Caribbean 319 A. The Death Penalty Debate. 319 B. Pratt and Morgan. 321 III. L2-3,T3Trinidad, Women on Death Row, and Ramjattan 323 A. Trinidad. 323 B. Women on Death Row. 324 C. The Ramjattan Case. 324 D. The Privy Council Ruling. 326 IV. L2-3,T3Back to the Court of... 2022
Phyllis C. Taite INEQUALITY BY UNNATURAL SELECTION: THE IMPACT OF TAX CODE BIAS ON THE RACIAL WEALTH GAP 110 Kentucky Law Journal 639 (2021-2022) Table of Contents. 639 Introduction. 640 I. Social Darwinism. 641 II. Real Estate Investment Trusts and Mass Incarceration. 643 A. What Is a Real Estate Investment Trust?. 643 B. What Is the Relationship Between Mass Incarceration and Tax Policy?. 646 i. The Rise of Private Prisons and Detention Centers. 646 ii. Show Me the Money!. 648 C. The... 2022
Ann Mead Hooker, J.D. and Doctor of Forestry & Environmental Studies Program Analyst, Forest Service U.S. Department of Agriculture Washington, D.C. U.S.A. INTRODUCTION TO WORLD FORESTRY; THE LAST TREE: RECLAIMING THE ENVIRONMENT IN TROPICAL ASIA; GENDER BIAS: ROADBLOCK TO SUSTAINABLE DEVELOPMENT; MANAGING THE WORLD'S FORESTS: LOOKING FOR BALANCE BETWEEN CONSERVATION AND DEVELOPMENT 33 Natural Resources Journal 529 (Spring, 1993) During the 1980s, conservationists drew world attention to the issue of tropical rainforest destruction. Concern soon broadened to the general problem of forest conservation, and in June 1992 at the United Nations Conference on Human Development and the Environment in Rio de Janeiro, the international community agreed on a set of forest principles.... 2022
Leigh Harvis-Nazzario IT'S NOT THE ALGORITHMS, IT'S THE PEOPLE: PREVENTING BIAS IN AUTOMATED HIRING TOOLS STARTS WITH HUMANS 49 Rutgers Computer and Technology Law Journal 138 (2022) I. INTRODUCTION. 139 II. BACKGROUND. 139 A. A Recipe for Algorithms. 140 B. Algorithms in the Hiring Process. 142 C. Bias in Recruitment Algorithms. 144 D. Examples of Algorithmic Discrimination. 147 III. ANTI-DISCRIMINATION LAWS IN THE CONTEXT OF PREDICTIVE HIRING SOLUTIONS. 151 A. The Equal Employment Opportunity Commission (EEOC). 152 1. Office... 2022
Elizabeth Low KEEPING CULTURAL BIAS OUT OF THE COURTROOM: HOW ICWA "QUALIFIED EXPERT WITNESSES" MAKE A DIFFERENCE 44 American Indian Law Review 43 (2019) For centuries, Indians were regarded as an inferior people causing the government to make efforts to assimilate--and later to dismantle--Indian families to improve and protect the identity of the United States. In the 1970s, the government embraced an era of self-determination for American Indians by creating laws that would simultaneously protect... 2022
Donald J. Polden , Jenna M. Anderson LEADERSHIP TO ADDRESS IMPLICIT BIAS IN THE LEGAL PROFESSION 62 Santa Clara Law Review 63 (2022) This Article discusses the problem of implicit bias within the legal profession; why its persistence impedes the work that lawyers do; and the need for leaders to take steps to recognize, understand, and ameliorate it. Implicit biases, also referred to as unconscious biases, are prejudices that people have, but are unaware of their existence. These... 2022
McKenzi B. Baker MADE WHOLE: THE EFFICACY OF LEGAL REDRESS FOR BLACK WOMEN WHO HAVE SUFFERED INJURIES FROM MEDICAL BIAS 57 Harvard Civil Rights-Civil Liberties Law Review 321 (Summer, 2022) Kira Johnson died a preventable death when physicians at Cedars-Sinai Medical Center failed to adequately respond to hemorrhaging from what was supposed to be a routine cesarean section. After waiting twelve hours for imperative attention that could have saved her life, Kira's husband was callously told that she was just not a priority. Four hours... 2022
W. Nicholson Price II MEDICAL AI AND CONTEXTUAL BIAS 33 Harvard Journal of Law & Technology 65 (Fall, 2019) C1-2Table of Contents I. Introduction. 66 II. The Promise of Black-Box Medicine. 70 A. Advancing Medical Knowledge. 70 B. Automating the Routine. 71 C. Democratizing Expertise. 73 1. Diagnostics and Treatment Recommendations. 74 a. Diagnostics. 74 b. Treatment Recommendations. 76 2. Contexts of Application. 77 III. Where Medical AI Is... 2022
Kristin M. Kostick-Quenet, I. Glenn Cohen, Sara Gerke, Bernard Lo, James Antaki, Faezah Movahedi, Hasna Njah, Lauren Schoen, Jerry E. Estep, J.S. Blumenthal-Barby MITIGATING RACIAL BIAS IN MACHINE LEARNING 50 Journal of Law, Medicine & Ethics 92 (Spring, 2022) Keywords: Algorithmic Bias, Racial Bias, Machine Learning, Artificial Intelligence, Ethics Abstract: When applied in the health sector, AI-based applications raise not only ethical but legal and safety concerns, where algorithms trained on data from majority populations can generate less accurate or reliable results for minorities and other... 2022
Jeffrey Fagan NO RUNS, FEW HITS, AND MANY ERRORS: STREET STOPS, BIAS, AND PROACTIVE POLICING 68 UCLA Law Review 1584 (February, 2022) Equilibrium models of racial discrimination in law enforcement encounters suggest that in the absence of racial discrimination, the proportion of searches yielding evidence of illegal activity (the hit rate) will be equal across races. Searches that disproportionately target one racial group, resulting in a relatively low hit rate, are inefficient... 2022
Michael R. Curran ON COMMON GROUND: USING CULTURAL BIAS FACTORS TO DECONSTRUCT ASIA-PACIFIC LABOR LAW 30 George Washington Journal of International Law and Economics 349 (1996-1997) C1-3Table of Contents I. Introduction: The World's Web. 351 II. Cultural Bias Factors in Comparative Labor Law. 355 III. Asian Growth: Political, Economic, and Legal Factors Affecting Organized Labor. 360 A. The Example of Thailand. 361 B. Important Regional Political, Economic, and Labor Law Factors. 367 1. Political and Economic Aspects. 367 2.... 2022
Bryce P. Harp ONE NATION? REEXAMINING TRIBAL SOVEREIGN IMMUNITY IN THE MODERN ERA OF SELF-DETERMINATION 46 Tulsa Law Review 449 (Spring 2011) The concept of sovereign immunity is a remnant of early English common law. Under this doctrine, the King is immune from suit because the [K]ing can do no wrong. This concept still survives today, though abrogated to some degree by the federal government and most state and local governments, in the form of tribal sovereign immunity. Similar to... 2022
Jordan Buckwald OUTRUNNING BIAS: UNMASKING THE JUSTIFICATIONS FOR EXCLUDING NON-BINARY ATHLETES IN ELITE SPORT 44 Harvard Journal of Law & Gender 1 (Winter, 2021) The inclusion of intersex and transgender athletes in sport has long been the subject of vigorous debate. Elite sport governing bodies like the International Association of Athletics Federations have attempted to articulate policies limiting the extent to which such athletes can compete in the female category. The most common reasons given to... 2022
  Perpetuating the Presumption of Guilt: The Role of Implicit Racial Bias in Forensic Testimony 58 Criminal Law Bulletin ART 1 (2022) Executive Director, Forensic Justice Project; J.D., Seattle University School of Law, B.S., New York University. Thank you to my brother and sister, who are my lifelong friends, and to Andy, my partner and champion. 2022
Mark W. Cordes POLICING BIAS AND CONFLICTS OF INTEREST IN ZONING DECISIONMAKING 65 North Dakota Law Review 161 (1989) Courts have traditionally reviewed zoning decisions for substantive correctness, applying in most instances the deferential arbitrary and capricious standard. In recent years, however, courts have increasingly reviewed zoning decisions for procedural correctness, such as the satisfaction of notice and hearing requirements. This reflects a growing... 2022
Ann Marie Janus PROFESSIONAL RESPONSIBILITY - JUDICIAL DISQUALIFICATION FOR APPEARANCE OF BIAS - JENKINS v. STERLACCI, 849 F.2D 627 (D.C. CIR. 1988). 62 Temple Law Review 1075 (Fall, 1989) In Jenkins v. Sterlacci, the United States Court of Appeals for the District of Columbia held that waiver of judicial disqualification under 28 U.S.C. § 455(e) may be implied when a party has only constructive knowledge of facts supporting an appearance of impropriety claim and fails to object. The court held that the waiver may be implied even... 2022
Linda A. Malone PROTECTING THE LEAST RESPECTED: THE GIRL CHILD AND THE GENDER BIAS OF THE VIENNA CONVENTION'S ADOPTION AND RESERVATION REGIME 3 William & Mary Journal of Women and the Law 1 (Spring, 1997) Your children are not your children They are the sons and daughters of life's longing for itself They come through you but they are not from you and though they are with you They belong not to you You can give them your love but not your thoughts They have their own thoughts They have their own thoughts You can house their bodies but not their... 2022
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